K.Muthusamy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.36483 of 2024 K.Muthusamy

...Petitioner

Vs.

1. The Revenue Divisional Officer Office of Revenue Divisional Officer(Salem West) Sooramangalam, Salem-5.

2. The Tahsildar Office of Tahsildar, Sooramangalam Salem-5.

3. The Inspector of Police Steel Plant Police Station, Salem City, Salem.

4. P.Prasanna Boopathi

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to consider the representation dated 19.11.2024 given by the petitioner and to take appropriate action to perform "Kaathu Pooja" at Arulmigu Mannarsamy Pachiamman Temple, Pethampatti Village, Salem District on 24.12.2024 in a peaceful manner.

1/5

For Petitioner : Mr.R.Nalliyappan For Respondents 1 & 2 : Mr.V.Ramesh Government Advocate For respondent 3 : Mr.L.Baskaran Government Advocate (Crl.side)

O R D E R

The petitioner herein seeks a direction to respondents 1 to 3 to consider his representation dated 19.11.2024 seeking necessary protection for performance of "Kaathu Pooja" at Arulmigu Mannarsamy Pachiamman Temple, Pethampatti Village, Salem District on 24.12.2024.

2. It is the case of the petitioner that Kaathu Pooja in the subject temple will be performed in the month of December every year by the sharers of the petitioner on rotation basis. This year, it is the turn of the petitioner to perform "Kathupooja" as a head priest. The 4th respondent herein by making claim over the trusteeship of the temple gave a threat that he would disturb the performance of "Kathupooja" on 20.12.2024. Therefore, the petitioner 2/5

submitted instant representation before the respondents seeking necessary protection for performance of pooja on 20.12.2024 and the same has not been considered. Hence, he is before this Court.

3. Mr.V.Ramesh, learned Government Advocate takes notice for the respondents 1 and 2 and Mr.L.Baskaran, learned Government Advocate (Crl.side) takes notice for the 3rd respondent.

4. The learned Government Advocate (Crl.side) for the 3rd respondent on written instructions submits that based on the petitioner's representation, CSR was filed in CSR.No.326 of 2024 and enquiry was conducted. The 4th respondent appeared before the 3rd respondent and submitted a letter that at the relevant date, he planned to visit Sabarimala and he permitted the petitioner to perform Kathupooja as a head priest this year. Relying on the undertaking letter given by the 4th respondent, the learned Government Advocate (Crl.side) submits that there may not be any problem this year.

5. The statement made by the learned Government Advocate (Crl.side) 3/5

for the 3rd respondent is recorded and the 3rd respondent is directed to consider the representation of the petitioner and pass necessary orders for sufficient police bundobast to ensure smooth conduct of the festival.

6. With the above directions, the writ petition stands disposed of. No costs.

02.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To

1. The Revenue Divisional Officer Office of Revenue Divisional Officer(Salem West) Sooramangalam, Salem-5.

2. The Tahsildar Office of Tahsildar, Sooramangalam Salem-5.

3. The Inspector of Police 4/5

Steel Plant Police Station, Salem City, Salem.

S.SOUNTHAR , J.

nr W.P No.36483 of 2024 02.12.2024 5/5